ORDER

SRI.H.R. SRINIVAS, PRESIDENT

1.      This is the complaint filed by the complainants against the Opposite Parties (herein referred to as OPs) under Section 12 of the Consumer Protection Act, 1986 for the deficiency of service in not including/addition their names in respect of the Khatha of electricity meter bearing No. AEH 9244 /RR No.1152074000 and to meter No.3E 38622 RR No. 9062074000 inspite of their request for including their name by providing all the necessary document in respect of the property and cost and other reliefs as the commission deems fit.

2.      In the beginning, this complaint was filed by the complainant against the Asst. Executive Engineer (E6 Indiranagar BESCOM Bangalore (OP-1 only). After wards, one Jayanthi and One Varun Sai Sridhar got themselves impleaded by making an application which was allowed by this commission as OP-2 and 3. Afterwards complainants filed the amended copy of the complaint under section 12 of the Consumer Protection Act. 

3.      The brief facts of the complaint are: Complainants are the absolute owner having jointly purchased the property situated at No. 3314/1, 13^th main road, 7^th cross, HAL 2^nd Stage Indiranagar, Bangalore from its earlier owner one Sri Srikanth Ramawamy under a registered sale deed dated 22.01.2010. Afterwards they got the khatha of the said property changed to their names.  They also purchased property bearing No.3314 to an extent of 400 sq. ft out of 1,200 sq. ft being the 1/3^rd share of one Sridhar Ramaswamy on 24.05.2010 from him.  

4.      The remaining 800 sq. ft of the property in property No.3314 belongs to the wife and son of Sridhar Ramaswamy i.e. OP-2 and 3. Property No.3314/1 is situated in the 1^st floor of the property No.3314. Complainants are the owners of the entire 1^st floor portion and owners of 1/3^rd on the ground floor.  The remaining 800 sq. ft of the property in the ground floor was gifted by one Sridhar Ramaswamy the earlier owner and vendor of the complainant to his wife Smt. C Jayanthi and his son Varun Sai Sridhar who are OP-2 and 3 in this case, who got impleaded afterwards.

5.      The property No.3314 in the ground floor has electrical connection with meter number AEH 9244 RR No.1152074000 and electrical meter No.3E 38622 RR No.9062074000.  Since they are the owners of 1/3^rd portion of the said property  their names are to be added in the khatha of the said meters and also the bills i.e. to be delivered by OP-1.  It is learnt that OP-2 and 3 have falsely represented that they are the owners of the entire property of OP-1 and have obstructed to include their names in the Khatha of the electricity meters.

6.      The complainant has been using the garage portion in the property bearing No.3314 which has a separate meter bearing No.EH19641 to which complainant No.1’s name has been entered, and further in the property bearing No.3314/1 which is in the 1^st floor of the property No.3314, to the said electricity meters on their names of the complainants. Only in respect of the ground floor, OP-1 has not added their name in the bills and in the katha maintained in respect of the electricity meters, though they have submitted the title deeds the khatha documents to the authority (OP-1) which amounts to deficiency in service and hence direct OP-1 to include their names in the khatha of the said meters.

7.      Upon the service of notice, OP-1 represented by its advocate filed the version contending that the complaint filed is misconceived groundless, not sustainable either in law or on facts and liable to be dismissed with exemplary cost. It has to act as per the electricity Act 2003 and conditions of supply electricity distribution licenses in Karnataka will apply to the consumer.  It is mentioned that an installation can be transferred from one consumer to another consumer under clause.

36.00 TRANSFER OF INSTALLATION (change in the name of Consumer)

36.01 An installation can be transferred from one Consumer to another person subject to the following Conditions:

a) The registered Consumer shall furnish a consent letter for transferring the installation and also the deposits held in his name to the transferee.

Note: In the absent of the consent letter from the registered consumer, the transferee shall produce anyone of the following documents in respect of such installation:

1. Proof of ownership of the installation in the form of Regsitered sale deed or partition deed or katha /succession or heir ship certificate or deed of last will.
2. Proof of occupancy such as valid power of attorney or latest rent paid receipt or valid lease deed in respect of only non-commercial lighting and non-commercial combined lighting and heating installations.

b) An indemnity bond as per Annex-9 shall be executed by the transferee indemnifying the Licensee against all disputes that may arise out of such transfer.

c) There shall be no arrears outstanding against the installation.

d) The transferee shall:

i) Pay transfer fee as specified under Clause 30.10

ii)Produce the documents as specified in 36.01. Note:(i)/(ii)

3. Execute a fresh power supply Agreement with the Licensee.
4. Furnish photocopy of the licence/clearance issued in his favour by local authority if such licence/clearance is required under any statute.
5. Undertake to pay any dues that may arise due to any short claims detected at a later date even in respect of period prior to the date of transfer.
6. Pay fresh deposit as if he is a new Consumer in case there is no consent for transfer of deposit from the registered Consumer.

In case consent of the registered Consumer for transfer of deposit is produced, no additional deposit shall be demanded at the time of transfer of installation.

by denying all the allegations made in each and every para of the complaint, prayed the commission to dismiss the complaint.

8.      OP-2 and 3 after getting themselves impleaded as such in this complaint, have filed their version contending that the complaint is not maintainable either in law or on facts. Further stated that the complainants are not the owners of the property and the documents produced are false and fabricated.

9.      It is contended that, the schedule property belong to one Col. KS Ramaswamy later it was transferred to Smt. Dhanalakshmi from said Col. KS Ramaswamy.  They are the in-laws of OP-2 and grand parent of OP-3.  The said property was divided between their 2 children by name Sridhar Ramaswamy who got property NO.3314 and Srikanth Ramaswamy who got property No.3314 through a Will executed by one Smt.Dhanalakshmi who is the wife of Col. Ramaswamy on 20.10.2005.  After the death of Col. Ramaswamy the khatha of the electricity installation stood in the name of Smt. Dhanalakshmi.  Afterwards, OP-2 and 3 names have been entered in respect of 3314. The said property No.3314 consists of Ground floor Garage room and  above the garage, adjoining is the property 3314/1 and they are in its peaceful possession and enjoyment and got the kahtha transferred to their name. The said Sridhar Ramaswamy gifted the property No.3314/1 to them vide registered Gift Deed. 

10.    They have a dispute regarding ownership of property in OS No.1390/2010 pending before the Hon’ble City Civil court and they have been using the electricity through the said meter.  There is a title dispute pending between them and the complainants in OS No.1390/2010 and 3013/2019.  They are in exclusive possession of the property. The garage portion and upstairs is having a separate meters. Since the property bearing No.3314/1 complainants have right, their names have been reflected in the said documents. Complainants have no right/title towards the portion bearing property No.3314 which belongs to them and they are in possession of the same and using the same by regularly paying the electricity bills to OP-1 and under these circumstances, prayed the commission to dismiss the same.

11.    In order to prove the case, both parties have filed affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1. Whether the complainants have proved deficiency in service on the part of the opposite parties?

2. Whether the complainants are entitled to the relief prayed for in the complaint?

12.    Our answers to the above points are:-

POINT NO 1: IN THE AFFIRMATIVE.

POINT NO 2 : PARTLY IN THE AFFIRMATIVE

                      For the following.

REASONS

POINT NO 1:

13.    Upon perusing the affidavit evidence, documentary evidence it becomes clear that complainant is the owner to a possession of the property No.3314 who got it under a registered sale deed. The said sale deed is produced and marked, and under which, he has got 400 sq. feet out of 1200 sq. feet from his vendor and the corporation has changed khatha to their name.

14.    It is the specific case of the complainant that when they made a request with the application to include their names to the khatha in respect of electrical  meter No. AEH9244, RR No.1152074000 and meter No. 3E 38622, RR No. 9062074000, OP-1 did not included their names.  There is no reason for OP-1 to refuse the inclusion of the name of the complainants to the khatha of the said meter. As per Clause 36.01 of “Condition of supply of electricity of distribution license in the Karnataka State”, when the complainants/applicants made a request for transfer of installation to their names, or to include their names, if they provide proof of ownership of installation in the form of registered sale deed, or khatha etc. and executing an indemnity bond indemnifying the licensee against all dispute that may arise out of transfer and to clear all the arrears and to execute fresh power supply agreement, then it is the bounden duty of OP-1 to include the names of the complainants in respect of the said installations. In this case they have failed to carry out the same. No specific reasons have been assigned by OP-1 in not carrying out the transfer of installation to the name of the complainants.

15.    OP-2 and 3 who got impleaded as additional parties have contended that there are two civil suits pending before the civil suits wherein they have questioned the title of the complainant. Whatever be the case, OP-1 is bound to transfer the installation to their names or to add their names along with OP-2 and 3.  In case, OP-2 and 3 succeeds in the title suits pending before the civil courts, then they move the electricity authorities to remove the names of the complainants from the khatha of the installation. In view of this, we are of the opinion that the act of OP-1 is deficient and there is deficiency of service on their part. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT No.2:

16.    In view of our finding on Point No.1, OP-1 is liable to include the names of the complainants in respect of the khatha of electricity connection with meter number AEH 9244 RR No.1152074000 and electrical meter No.3E 38622 RR No.9062074000 along with the names of OP-2 and 3. This is subject to the finality of the cases pending between the parties i.e. OS No.1390/2010 and OS No.3013/2019.  Further act of OP-1 made the complainants to approach this commission by spending their time, money and energy besides suffering mentally and physically. For which, we direct OP-1 to pay a sum of Rs.5,000/- towards litigation expenses and Rs.10,000/- towards damages  to the complainant. In view of this, we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1. The complaint is partly allowed with cost.
2. OP No.1 i.e. BESCOM represented by the Assistant Executive Engineer is hereby directed to include the names of the complainants in respect of the khatha of electricity connected with meter number AEH 9244 RR No.1152074000 and electrical meter No.3E 38622 RR No.9062074000 along with the names of OP-2 and 3 subject to abiding to the condition 36.01.
3. Further OP-1 to pay Rs.10,000/- towards damages and to pay Rs.5,000/- towards the litigation expenses to the complainant.
4. No order against OP-2 and 3 as there is no prayer against them.
5. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
6. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 11^th  day of February 2022)

MEMBER                          PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the absolute sale deed

Ex P2: Copy of the Khatha certificate

Ex P3: Copy of the Khatha extract

Ex P4: Copy of the sale deed in respect of ground floor

Ex P5 & P6: Copy of the Bill issued by BESCOM

Ex P7: Copy of the legal notice issued to OP.

Ex P8: Copy of the khata extract in respect of ground floor and khatha certificate.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri.Manjunath, Asst. Executive Engineer of OP-1

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the endorsement

Ex R2 & R3: Copy of the plaint in OS No. 1390/2020 and OS No.3013/2019.

Ex R4: Copy of the electricity bills.

MEMBER                  PRESIDENT

RAK*